NY State Senate Bill 2017-S6727B

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	print number 6727b
Jun 15, 2018	amend and recommit to health
May 09, 2018	print number 6727a
May 09, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Jun 15, 2017	referred to rules

Bill Amendments

Original

B (Active)

2017-S6727 - Details

See Assembly Version of this Bill:: A8788
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S3387, A2345

2017-S6727 - Summary

Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.

2017-S6727 - Sponsor Memo

                                 BILL NUMBER:  S6727        Revised 6/16/17

 TITLE OF BILL :  An act to amend the social services law, in relation
to lactation counseling services

 PURPOSE :

The purpose of this bill is to provide Medicaid coverage for lactation
support including lactation care and services and breastfeeding
equipment.

 SUMMARY OF PROVISIONS :

Section 1 amends section 365-a of the social services law to require
Medicaid coverage to cover lactation support, including lactation care
and services and breastfeeding equipment without the services being
ordered by a physician, registered physician assistant, registered
nurse practitioner or licensed midwife.

Section 2 establishes an effective date of January 1 next succeeding
the date on which it shall have become a law.

 JUSTIFICATION :

It is well established that breastfeeding has many health benefits to
infants and their mothers. In addition to health benefits, it also

reduces many health risks such as the occurrence and severity of acute
and chronic diseases, and therefore, acts as a cost saving measure for
insurers. Additionally, the cost of formula is exceedingly high with
the Women, Infants and Children's (WIC) program spending nearly $850
million on formula in 2009.

While many women choose to breastfeed, they oftentimes have difficulty
doing so. Many women experience difficulties that a lactation
consultant can help with. This bill would provide Medicaid coverage
for lactation consultants without the referral of a physician,
registered physician assistant, registered nurse practitioner or
licensed midwife so women who choose to breastfeed, may obtain the
help they need.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This bill shall become effective on January 1 next succeeding the date
on which it shall have become a law.

2017-S6727 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6727
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to lactation  coun-
   seling services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (x) of subdivision 2  of  section  365-a  of  the
 social  services  law,  as added by section 6 of part D of chapter 56 of
 the laws of 2012, is amended to read as follows:
   (x) lactation counseling services for pregnant  and  postpartum  women
 [when  such  services  are  ordered by a physician, registered physician
 assistant, registered  nurse  practitioner,  or  licensed  midwife  and]
 provided  by  a  certified  lactation  consultant,  as determined by the
 commissioner of health; provided, however, that the provisions  of  this
 paragraph  shall  not  take  effect unless all necessary approvals under
 federal law and regulation have been obtained to receive federal  finan-
 cial  participation in the costs of health care services provided pursu-
 ant to this paragraph. Nothing in this paragraph shall be  construed  to
 modify any licensure, certification or scope of practice provision under
 title eight of the education law.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13211-01-7

2017-S6727A - Details

See Assembly Version of this Bill:: A8788
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S3387, A2345

2017-S6727A - Summary

Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.

2017-S6727A - Sponsor Memo

                                
 
BILL NUMBER: S6727A           Revised 05/10/18

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the social services law, in relation to lactation coun-
seling services

 
PURPOSE:

The purpose of this bill is to provide Medicaid coverage for lactation
support including lactation care and services and breastfeeding equip-
ment.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 365-a of the social services law to require
Medicaid coverage to cover lactation support, including lactation care
and services and breastfeeding equipment without the services being
ordered by a physician, registered physician assistant, registered nurse
practitioner or licensed midwife.  The Section also provides defined

terms including "qualified lactation care provider" and "nationally
recognized accrediting agency."

Section 2 establishes an effective date of January 1 next succeeding the
date on which it shall have become a law.

 
JUSTIFICATION:

There is a consensus among government agencies and health care profes-
sionals that breastfeeding provides significant benefits to nursing
mothers and children and that breastfeeding rates in the United States
are lower than optimal. There is a further consensus that lactation
counseling, support and clinical management are important components of
a strategy for increasing rates of breastfeeding.

Nursing mothers are best served when lactation care options are
expanded, rather than restricted. The Affordable Care Act and implement-
ing State regulations provided for expanding access to lactation coun-
seling services by requiring certain private insurers and Medicaid
programs to reimburse lactation care providers. However, obtaining a
referral is frequently a time consuming and unnecessary step when nurs-
ing mothers are seeking help. Qualified lactation care providers who
possess certification from a certification program accredited by a
nationally recognized accrediting agency will provide lactation care and
services that shall be eligible for Medicaid reimbursement.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall become effective on January 1 next succeeding the date
on which it shall have become a law.

2017-S6727A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6727--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the social services law, in relation to lactation coun-
   seling services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (x)  of  subdivision 2 of section 365-a of the
 social services law, as added by section 6 of part D of  chapter  56  of
 the laws of 2012, is amended to read as follows:
   (x)(I) lactation counseling services for pregnant and postpartum women
 [when  such  services  are  ordered by a physician, registered physician
 assistant, registered  nurse  practitioner,  or  licensed  midwife  and]
 provided   by   a  [certified]  QUALIFIED  lactation  [consultant]  CARE
 PROVIDER, as determined by the commissioner of health; provided,  howev-
 er,  that  the provisions of this paragraph shall not take effect unless
 all necessary approvals under  federal  law  and  regulation  have  been
 obtained  to  receive  federal  financial  participation in the costs of
 health care services provided pursuant to  this  paragraph.  Nothing  in
 this paragraph shall be construed to modify any licensure, certification
 or scope of practice provision under title eight of the education law.
   (II)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "QUALIFIED LACTATION  CARE  PROVIDER"  SHALL  MEAN  A  PERSON  WHO
 POSSESSES  CURRENT CERTIFICATION FROM A CERTIFICATION PROGRAM ACCREDITED
 BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY.
   (2) "NATIONALLY RECOGNIZED ACCREDITING AGENCY" SHALL MEAN THE NATIONAL
 COMMISSION FOR CERTIFYING AGENCIES ("NCCA"), THE INSTITUTE  FOR  CREDEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13211-04-8

 S. 6727--A                          2
 
 TIALING EXCELLENCE ("ICE"), OR THE AMERICAN NATIONAL STANDARDS INSTITUTE
 ("ANSI").
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

2017-S6727B (ACTIVE) - Details

See Assembly Version of this Bill:: A8788
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S3387, A2345

2017-S6727B (ACTIVE) - Summary

Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.

2017-S6727B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6727B

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the social services law, in relation
to lactation counseling services

 
PURPOSE:

The purpose of this bill is to provide Medicaid coverage for lactation
support including lactation care and services and breastfeeding equip-
ment.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 365-a of the social services law to require
Medicaid coverage to cover lactation support, including lactation care
and services and breastfeeding equipment without the services being
ordered by a physician, registered physician assistant, registered nurse
practitioner or licensed midwife.

The Section also provides defined terms including "qualified lactation

care provider" and "nationally recognized accrediting agency."

Section 2 establishes an effective date of January 1 next succeeding the
date on which it shall have become a law.

 
JUSTIFICATION:

There is a consensus among government agencies and health care profes-
sionals that breastfeeding provides significant benefits to nursing
mothers and children and that breastfeeding rates in the United States
are lower than optimal. There is a further consensus that lactation
counseling, support and clinical management are important components of
a strategy for increasing rates of breastfeeding.

Nursing mothers are best served when lactation care options are
expanded, rather than restricted. The Affordable Care Act and implement-
ing State regulations provided for expanding access to lactation coun-
seling services by requiring certain private insurers and Medicaid
programs to reimburse lactation care providers. However, obtaining a
referral is frequently a time consuming and unnecessary step when nurs-
ing mothers are seeking help. Qualified lactation care providers who
possess certification from a certification program accredited by a
nationally recognized accrediting agency will provide lactation care and
services that shall be eligible for Medicaid reimbursement.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall become effective on January 1 next succeeding the date
on which it shall have become a law.

2017-S6727B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6727--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to lactation  coun-
   seling services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (x) of subdivision 2  of  section  365-a  of  the
 social  services  law,  as added by section 6 of part D of chapter 56 of
 the laws of 2012, is amended to read as follows:
   (x)(I) lactation counseling services for pregnant and postpartum women
 [when such services are ordered by  a  physician,  registered  physician
 assistant,  registered  nurse  practitioner,  or  licensed  midwife and]
 provided  by  a  [certified]  QUALIFIED  lactation   [consultant]   CARE
 PROVIDER,  as determined by the commissioner of health; provided, howev-
 er, that the provisions of this paragraph shall not take  effect  unless
 all  necessary  approvals  under  federal  law  and regulation have been
 obtained to receive federal financial  participation  in  the  costs  of
 health  care  services  provided  pursuant to this paragraph. Nothing in
 this paragraph shall be construed to modify any licensure, certification
 or scope of practice provision under title eight of the education law.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "QUALIFIED  LACTATION  CARE  PROVIDER"  SHALL  MEAN  A PERSON WHO
 POSSESSES CURRENT CERTIFICATION AS A  LACTATION  CARE  PROVIDER  FROM  A
 CERTIFICATION  PROGRAM ACCREDITED BY A NATIONALLY RECOGNIZED ACCREDITING
 AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13211-11-8

 S. 6727--B                          2
 
   (2) "NATIONALLY RECOGNIZED ACCREDITING AGENCY" SHALL MEAN A NATIONALLY
 RECOGNIZED ACCREDITING AGENCY DESIGNATED BY THE  COMMISSIONER;  PROVIDED
 THAT THE COMMISSIONER SHALL DESIGNATE MORE THAN ONE AGENCY.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S6727B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S6727 - Details

2017-S6727 - Summary

2017-S6727 - Sponsor Memo

2017-S6727 - Bill Text download pdf

2017-S6727A - Details

2017-S6727A - Summary

2017-S6727A - Sponsor Memo

2017-S6727A - Bill Text download pdf

2017-S6727B (ACTIVE) - Details

2017-S6727B (ACTIVE) - Summary

2017-S6727B (ACTIVE) - Sponsor Memo

2017-S6727B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S6727 - Details

2017-S6727 - Summary

2017-S6727 - Sponsor Memo

2017-S6727 - Bill Text download pdf

2017-S6727A - Details

2017-S6727A - Summary

2017-S6727A - Sponsor Memo

2017-S6727A - Bill Text download pdf

2017-S6727B (ACTIVE) - Details

2017-S6727B (ACTIVE) - Summary

2017-S6727B (ACTIVE) - Sponsor Memo

2017-S6727B (ACTIVE) - Bill Text download pdf

Comments